Planning and Building (Public Inquiries) (Jersey) Order 2008

PLANNING AND BUILDING (PUBLIC INQUIRIES) (JERSEY) ORDER 2008 Revised Edition 22.550.42 Showing the law as at 1 January 2009 This is a revised edition of the law Planning and Building (Public Inquiries) (Jersey) Order 2008 Arrangement Revised Edition – 1 January 2009 Page - 3 22.550.42 PLANNING AND BUILDING (PUBLIC INQUIRIES) (JERSEY) ORDER 2008 Arrangement Article 1 Interpretation ................................................................................................... 5 2 Application of Order ....................................................................................... 6 3 Appointment of inspector and supporting officers .......................................... 6 4 General functions of inspector ........................................................................ 7 5 Announcement of public inquiry ..................................................................... 7 6 Representations ............................................................................................... 7 7 Initial representations ...................................................................................... 8 8 Preliminary meetings and seminars ................................................................. 8 9 Thematic hearings ........................................................................................... 9 10 Plenary hearings .............................................................................................. 9 11 Preparation of draft list of inquiry matters and participants in thematic hearings ........................................................................................................... 9 12 Timetable for hearings and submission of statements of case ...................... 10 13 Statements of case ......................................................................................... 10 14 Conduct of hearings ...................................................................................... 11 15 Power of inspector to exclude person from meeting, seminar or hearing ........................................................................................................... 11 16 Site visits ....................................................................................................... 11 17 Inspector’s report........................................................................................... 12 18 Minister’s power to direct that inquiry be re-opened .................................... 12 19 Publication of inspector’s report ................................................................... 12 20 Submission, circulation and web publication of documents ......................... 13 21 Transitional provision ................................................................................... 13 22 Citation .......................................................................................................... 14 Supporting Documents ENDNOTES 15 Table of Legislation History ......................................................................................... 15 Table of Renumbered Provisions .................................................................................. 15 Arrangement Planning and Building (Public Inquiries) (Jersey) Order 2008 Page - 4 Revised Edition – 1 January 2009 22.550.42 Table of Endnote References ....................................................................................... 15 Planning and Building (Public Inquiries) (Jersey) Order 2008 Article 1 Revised Edition – 1 January 2009 Page - 5 22.550.42 PLANNING AND BUILDING (PUBLIC INQUIRIES) (JERSEY) ORDER 2008 THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 11, 12 and 124 of the Planning and Building (Jersey) Law 20021, orders as follows – Commencement [see endnotes] 1 Interpretation (1) In this Order – “announcement” means the announcement of a public inquiry in accordance with Article 5; “applicant” means the person who applied for the planning permission which is the subject of the public inquiry; “application” means the application for planning permission which is the subject of the public inquiry; “eligible person” means – (a) the applicant; (b) any States’ employee whose function is to advise the Minister on – (i) planning applications, (ii) any objective described in Article 2 of the Law, or (iii) any technical matter arising in respect of the application, (c) any a person to whom the Minister must refer an application if any of Articles 14 to 17 of the Law applies; (d) any person who, at the time at which that person’s eligibility falls to be assessed, has made an initial representation, other than one who has since indicated a wish to take no further part in the public inquiry; (e) any other person who, at the time at which that person’s eligibility falls to be assessed, has been invited by the inspector under this Order to contribute to the public inquiry and has agreed to do so; Article 2 Planning and Building (Public Inquiries) (Jersey) Order 2008 Page - 6 Revised Edition – 1 January 2009 22.550.42 “initial representation” means a representation submitted in accordance with Article 7, and includes a representation treated as an initial representation under Article 7(5)(b); “inquiry website” means a website that satisfies Article 3(6); “inspector” means the person appointed as such under Article 3, and includes any assistant inspector; “Law” means the Planning and Building (Jersey) Law 20022; “plenary hearing” means a hearing held under Article 10; “States’ employee” has the meaning given in the Employment of States of Jersey Employees (Jersey) Law 20053; “thematic hearing” means a hearing held under Article 9. (2) In this Order, any reference to the submission, circulation or publication of a document is to be read in accordance with Article 20. 2 Application of Order This Order applies where, by virtue of Article 12(2) of the Law, a public inquiry is to be held in respect of an application for planning permission. 3 Appointment of inspector and supporting officers (1) The Minister shall appoint a person who is not a States’ employee as inspector. (2) If, for any reason, the person appointed as inspector ceases to be inspector before the public inquiry is concluded, the Minister may appoint another person as inspector to complete the inquiry. (3) The Minister may appoint as assistant inspectors one or more persons, who are not States’ employees, to assist the inspector in the discharge of his or her functions. (4) The Minister may designate an assistant inspector to perform the functions of the inspector for any period during which the person appointed as inspector is unable to perform those functions through absence or incapacity. (5) The inspector may appoint persons to provide the inspector with advice on any technical matter arising in the public inquiry. (6) The Minister shall arrange for the inspector to be able to control the content of an inquiry website which – (a) shall be maintained or arranged by an administration of the States; and (b) may include a facility, subject to the inspector’s control of the content of the website, for other persons to post submissions on the website. (7) The Minister shall ensure that administrative support is provided to the inspector and any assistant inspectors, including in particular for the purposes of the maintenance and operation of the inquiry website. Planning and Building (Public Inquiries) (Jersey) Order 2008 Article 4 Revised Edition – 1 January 2009 Page - 7 22.550.42 4 General functions of inspector (1) The Minister shall set terms of reference for the inspector, which may include a direction to the inspector to draw conclusions and make recommendations in respect of the application. (2) The inspector shall conduct the public inquiry as he or she thinks fit, subject to the requirements of this Order and of the terms of reference. (3) If the inspector considers it just in all the circumstances to do so he or she may, in any case or generally – (a) extend any period within which anything shall or may be done under this Order; (b) permit the use of a greater number of words in a submission than otherwise provided for under this Order. 5 Announcement of public inquiry (1) The Minister shall announce, in a manner that is likely to bring the matter to the attention of the public of Jersey, that the public inquiry is to be held. (2) The announcement shall specify – (a) where and when the application may be inspected; (b) the address of the inquiry website; (c) a closing date for submission of initial representations, being not less than 14 days after the announcement; (d) the requirements of Article 7 as to the contents of initial representations; (e) the means for making submissions to the inspector under Article 20. (3) The Minister shall send a copy of the announcement to the applicant and any other eligible persons. 6 Representations (1) Representations may be submitted to a public inquiry by whichever one or more of the following means is available under this Order – (a) initial representations under Article 7; (b) statements of case under Article 13; (c) appearance and being heard at thematic or plenary hearings. (2) A person entitled to submit a representation to a public inquiry may use that representation – (a) to supplement or to replace, but not to repeat substantively, any points made in any earlier representation submitted by that person; and (b) to comment on any representation already submitted by any other person. Article 7 Planning and Building (Public Inquiries) (Jersey) Order 2008 Page - 8 Revised Edition – 1 January 2009 22.550.42 7 Initial representations (1) Any person may submit an initial representation in respect of the application. (2) An initial representation must – (a) summarize in writing, in not more than 1500 words, the key points that the person wishes to make in respect of the application; (b) include the name and postal address of the person submitting it; and (c) be submitted before the closing date specified in the announcement. (3) If the person making the initial representation wishes to be contacted other than by post to the address given under paragraph (2), the initial representation must also include details of the other means by which or address at which the person wishes – (a) to have documents circulated to him or her; and (b) if different, to be contacted for other purposes connected to the public inquiry. (4) An initial representation may be accompanied by documents that – (a) are concise; (b) support any of the key points summarized in the initial representation; and (c) do not contain any matter that is not relevant to those points. (5) Where, before the announcement, any representations have been made to the Minister in respect of the application, in accordance with the Planning and Building (Application Publication) (Jersey) Order 20064 – (a) the Minister shall provide the inspector with copies of those representations; (b) for the purposes of this Order, the representations shall be treated as initial representations; and (c) the inspector shall ask each person who made such a representation to submit, before the closing date for the submission of initial representations, so much of the information required by paragraphs (2) and (3) as has not already been provided by that person. (6) The inspector shall, after the closing date for the submission of initial representations, circulate the initial representations to eligible persons, and may publish them on the inquiry website. 8 Preliminary meetings and seminars (1) The inspector may, if he or she thinks fit, hold one or more preliminary meetings or seminars. (2) The purpose of a preliminary meeting is to give information about the conduct of the public inquiry to eligible persons. Planning and Building (Public Inquiries) (Jersey) Order 2008 Article 9 Revised Edition – 1 January 2009 Page - 9 22.550.42 (3) The purpose of a seminar is to provide technical information pertaining to the application to eligible persons. (4) Neither a preliminary meeting nor a seminar shall be used as a forum for the making of representations. (5) The inspector shall circulate to eligible persons information regarding the holding of preliminary meetings and seminars. (6) Preliminary meetings may be held in public or in private. (7) Seminars shall be held in public. 9 Thematic hearings (1) The inspector may hold one or more thematic hearings on any particular matter or matters relevant to the public inquiry if he or she considers that a separate hearing would assist the examination of that matter or those matters. (2) If the inspector holds a thematic hearing, the inspector – (a) shall invite the applicant to appear and be heard at that hearing; and (b) may invite to appear and be heard at that hearing any other person, whether eligible or not, who appears to the inspector to be likely to be able to contribute usefully to the examination of the subject matter of that hearing. 10 Plenary hearings (1) The inspector shall hold at least one plenary hearing. (2) If a thematic hearing is held, the final hearing shall be a plenary hearing. (3) An eligible person shall have the right to appear and be heard at any plenary hearing. (4) The inspector may, at his or her discretion, invite persons other than eligible persons to appear and be heard at any plenary hearing. 11 Preparation of draft list of inquiry matters and participants in thematic hearings (1) The inspector shall make enquiries as to – (a) which eligible persons wish to exercise their right to appear and be heard at a plenary hearing; (b) which eligible persons would wish to appear and be heard at a thematic hearing, if selected by the inspector; and (c) which other persons, whom the inspector is considering inviting to appear and be heard at a thematic or plenary hearing, would wish to accept such an invitation. (2) When the closing date for submission of initial representations has passed, the inspector shall prepare a draft list of – Article 12 Planning and Building (Public Inquiries) (Jersey) Order 2008 Page - 10 Revised Edition – 1 January 2009 22.550.42 (a) the matters to be examined at the hearing or hearings, with an indication of which, if any, are to be the subject of any thematic hearing; and (b) the persons who have been selected or invited and have agreed to appear and be heard at any thematic hearings. (3) The inspector shall circulate to eligible persons, not less than 14 days before the first hearing of the public inquiry – (a) the draft list; and (b) the terms of reference set for the inspector by the Minister. (4) The inspector shall allow the persons to whom the draft list is circulated a period of not less than 7 days following its circulation in which to submit comments on it. 12 Timetable for hearings and submission of statements of case (1) When the time allowed for making comments under Article 11(4) has ended, the inspector shall consider any comments submitted and prepare and circulate to eligible persons a timetable showing – (a) the date or dates by which statements of case under Article 13 must be submitted (being a date not less than 7 days before the hearing to which they relate), and the maximum number of words to be used in each statement of case, whether generally or in relation to a particular matter or matters; (b) the date, time and venue for each hearing, and whether it is to be thematic or plenary; and (c) for each thematic hearing, the matters to be examined and the persons to appear and be heard. (2) If, for any reason, the timetable is revised, the inspector shall circulate the revised timetable. 13 Statements of case (1) Any eligible person may submit a statement of case in respect of a thematic or plenary hearing, whether or not that person is to appear and be heard at that hearing. (2) A person’s statement of case – (a) must be submitted, in writing, before the date specified in the timetable prepared under Article 12 in respect of the hearing for which it is submitted; (b) must consist of representations material – (i) to the public inquiry, if submitted in respect of a plenary hearing, or (ii) to the matters to be examined at the thematic hearing in respect of which it is submitted; Planning and Building (Public Inquiries) (Jersey) Order 2008 Article 14 Revised Edition – 1 January 2009 Page - 11 22.550.42 (c) must raise any substantial point on which that person intends to expand by appearing and being heard at any hearing, and which he or she has not already raised in a previous representation; (d) must not exceed the maximum number of words specified in the timetable in respect of the hearing for which it is submitted; and (e) may be accompanied by supplementary documents that – (i) are concise, (ii) support points made in the statement of case, and (iii) do not contain any matter that is not relevant to those points. (3) The inspector shall circulate to eligible persons any statements of case and supplementary documents submitted in accordance with this Article, and may publish them on the inquiry website. 14 Conduct of hearings (1) Hearings shall be held in public. (2) A person may appear at a hearing in person or through his or her representative, and references in this Order to a person appearing shall be construed accordingly. (3) The inspector may, subject to any conditions which he or she considers appropriate – (a) allow a person appearing at a hearing to bring with him or her any person having technical knowledge of any matter pertaining to that hearing; and (b) allow the person having that knowledge to speak at that hearing either in place of or in addition to the person appearing. (4) The inspector shall not allow any cross-examination at a hearing. (5) The inspector shall cause a record to be made of a hearing. 15 Power of inspector to exclude person from meeting, seminar or hearing The inspector may require any person appearing or present at a preliminary meeting, seminar or hearing who, in the inspector’s opinion, is behaving in a disruptive manner, to leave and may further – (a) refuse to permit the person to return to the meeting, seminar or hearing or any subsequent meeting, seminar or hearing; or (b) permit the person to return to the meeting, seminar or hearing or a subsequent meeting, seminar or hearing only on conditions specified by the inspector. 16 Site visits (1) The inspector may visit the land to which the application relates. Article 17 Planning and Building (Public Inquiries) (Jersey) Order 2008 Page - 12 Revised Edition – 1 January 2009 22.550.42 (2) The inspector may make a site visit either unaccompanied or accompanied. (3) Where the inspector arranges to make a site visit accompanied by any person, the inspector shall not be required to defer the visit in the event that the person is not present at the time appointed for the visit. (4) A site visit may take place at any time between the announcement and the preparation of the report under Article 17. 17 Inspector’s report (1) When the inspector has concluded the hearings and any site visit the inspector shall – (a) collate for the Minister the representations made in the public inquiry; and (b) prepare and send to the Minister a report summarizing and analyzing the representations. (2) If the terms of reference require the inspector to draw conclusions or make recommendations, the inspector shall include them in the report. 18 Minister’s power to direct that inquiry be re-opened (1) The Minister may direct the inspector to re-open the public inquiry if, before the Minister determines the application, it appears to the Minister – (a) that there are material considerations, other than the Minister’s policy, that either are not mentioned in the inspector’s report or are insufficiently considered in that report; or (b) that the report contains any technical information that is incorrect in a material particular. (2) The inspector shall comply with a direction under paragraph (1) and, in doing so, may make such arrangements as he or she thinks fit for further public inquiry into the application. 19 Publication of inspector’s report As soon as is practicable after the Minister has determined the application – (a) the Minister shall arrange for a paper copy of the inspector’s report to be made available for inspection by the public, during normal office hours, without charge; and (b) the inspector shall – (i) publish the report on the inquiry website, and (ii) circulate information to eligible persons as to how the report and the determination may be inspected. Planning and Building (Public Inquiries) (Jersey) Order 2008 Article 20 Revised Edition – 1 January 2009 Page - 13 22.550.42 20 Submission, circulation and web publication of documents (1) A person may make any submission under this Order by, as specified in the announcement – (a) sending it, in paper form, to the postal address given for the inspector; (b) transmitting it to the address given for the inspector for electronic communications; or (c) posting it on the inquiry website, if a facility has been made available for doing so. (2) A requirement in this Order to circulate a document to any person is satisfied – (a) by sending a paper copy to the postal address provided by the person for the purpose; or (b) by transmitting the document to an address for electronic communications provided by the person for the purpose; (c) if the person so requests (at the inspector’s suggestion or otherwise), by making the document available on the inquiry website. (3) A power under this Order to publish a document on the inquiry website is subject to a duty to edit that document to any extent necessary to comply with the Data Protection (Jersey) Law 20055. 21 Transitional provision (1) This Article applies if – (a) on the coming into force of this Order, an application has been made, but has not been determined; and (b) the inspector appointed to conduct a public inquiry into that application considers that – (i) the effect on the interests of relevant persons of any step taken or thing done in relation to the application before commencement of this Order is similar to the effect of any step that could be taken or thing that could be done, other than the holding of a thematic or plenary hearing, under a provision of this Order, and (ii) no significant prejudice is likely to be caused to the interests of relevant persons by a decision to proceed under paragraph (2). (2) The inspector may proceed on the basis that the step taken or thing done before commencement of this Order has effect as if its having been taken or done constituted compliance with the corresponding provision of this Order. (3) For the purpose of paragraph (1)(b) a relevant person is any person who might reasonably be expected to wish to make a representation that would be material to the public inquiry, and that person’s interests are those Article 22 Planning and Building (Public Inquiries) (Jersey) Order 2008 Page - 14 Revised Edition – 1 January 2009 22.550.42 which that person might protect by making a representation at the public inquiry. (4) For the purpose of paragraph (1)(b)(ii) the inspector shall consider all the relevant circumstances, including whether he or she can reduce or eliminate any prejudice by – (a) exercising the power under Article 4(3) to extend any period within which anything shall or may be done by a person who might otherwise be prejudiced; or (b) exercising any power under any other provision of this Order to invite that person to appear and be heard at a hearing. 22 Citation This Order may be cited as the Planning and Building (Public Inquiries) (Jersey) Order 2008. Planning and Building (Public Inquiries) (Jersey) Order 2008 Endnotes Revised Edition – 1 January 2009 Page - 15 22.550.42 ENDNOTES Table of Legislation History Legislation Year and No Commencement Planning and Building (Public Inquiries) (Jersey) Order 2008 R&O.137/2008 23 October 2008 Table of Renumbered Provisions Original Current 21 Spent, omitted 22 21 23 22 Table of Endnote References 1 chapter 22.550 2 chapter 22.550 3 chapter 16.325 4 chapter 22.550.10 5 chapter 15.240